is highly transformative, the public display of text is limited, and the revelations do not provide a significant market substitute for the protected aspects of the originals. Google's commercial nature and profit motivation do not justify denial of fair use. Pop-ups The use of pop-up advertising, in which third-party advertisements pop up on a competitor's Web page and change its appearance to create a derivative work, may present more difficult transformativeness issues. On the one hand, the pop-ups provide the public with additional information about making buying decisions (particularly in the form of price comparisons). On the other hand, they adversely affect the Web page proprietor's interest in the integrity of its Web page and its investment interest in creating and maintaining the page. No court has yet addressed derivative work copyright considerations in terms of how to strike a balance between the competing interests at stake, here, although several courts have found no copyright infringement liability for one reason or another. Photos of sculptures On February 25, 2010, the United States Court of Appeals for the Federal Circuit ruled 2–1 that sculptor Frank Gaylord, sculptor of a portion of the Korean War Veterans Memorial, was entitled to compensation when an image of the memorial was used on a 37-cent postage stamp, because he had not signed away his intellectual property rights to the sculpture when it was erected. The appeals court rejected arguments that the photo was transformative. In 2002 amateur photographer and retired Marine John All was paid $1,500 to use a photograph of his of the memorial on a snowy day for the stamp. More than $17 million worth of the stamps were sold. In 2006, Gaylord retained Fish & Richardson as pro bono counsel to make a claim that the Postal Service had violated his Intellectual property rights to the sculpture and he should be compensated. The Postal Service argued that Gaylord was not the sole sculptor (saying he had received advice from federal sources—who recommended that the uniforms appear more in the wind) and also that the sculpture was actually architecture. Gaylord won all of his arguments in the lower court except for one—the court ruled that the photo was fair use and thus Gaylord was not entitled to compensation. Gaylord appealed and won. The case could have been appealed to the United States Supreme Court or damages can be assessed by the lower court